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HomeMy Public PortalAboutOrd. 0971ORllINANCI; NU. 971 AN ORDINANCF' OF THI; Ci'I'Y COUNCIL OIP TIIE C[7'Y OF LYNWOOD AMFNllING SEC'L'ION 14. 15 OP' CITS' Oltl)INANCl. NO. 570 (ZONINCi OIZDINANCIs) l~,FQUIItING A CONI)[TIONAL USE; PE;RNLIT FOIi, AU'I'OMOBILE; SERViCE S'lA'i'IUNS The City Council of the City of Lynwood does hereby ordain as follows: Section 1. Section 14. 15 of Zoning Ordinance 570 ot the City of Lynwood hereby is amended to read as follows: Section 14, 15 - Conditional Use Permits for Automobile Service Station Uses. A, The City Council of the City of Lynwood finds that traffic within the City is increasing appreciably and that such commercial uses as an automobile service station, which depends entirely on and provides services specifically for the automobile and which is located at the street intersections, generates additional traffic movements, creating marginal friction which interrupts the efficient flow of traffic and adds to the vehicular congestion, tliereby contributing to the potential traffic hazards at such intersections, to the detriment oF the public health, safety and welfare. The City Council further finds that automobile service stations differ from other uses because of unique characteristics relating to the design of tihe service station site, its physical appearance and nature of operations, the noise generated, hours of operation, inflammable nature of products handled, and vehicular traffic generated. B. Notwithstanding any other provision oF the zqning ordinance, no aut6 mobile service station shall be constructed or reconstructed unless a Conditional Use Permit is oUtained as provided in subparagraph (C) or (;D) of this section. Unless a Conditional Use Permit or Administrative Approval lias been obtained as provided in subE~aragraph (C) or (ll) of this section no autiomobile service station shall be moved into, occupied, licensed or perTnitted in a~iy commercial or manufacturing zone. All otlier -1- _V_ requirements of law sl~all be met in addition to obtaining tt~e Conditional Use Permit or Administrative Approval required by this section. C. Administrative Approval may be granted by the Secretary of the Ylanning Commission 1) After a Conditional Use Permit lias been granted to a service station by the Plannuig Commission and any new, different, or subsequent occupancy by any person transpires, or 2) Any new, different or subsequent occupancy by any person wishing to conduct a service station business from a service station existic~g on or before the effective date of this ordinance may do so with approval of the Secretary o£ the Ylanning Commission. Unless necessary to the health, safety or welfare of the pubiic, only the standards contained in Section 3 of this ordinance of a nonstructural nature sha11 be conditions of administrative approval. The application for the permit sl~all be made on such forms as are provided by the Secretary of the Planning Commission and sf~a11 be filed with him. The Secretary of the Planning Commission shall either 1) Find that the proposed occupancy is in substantial compliance with the adopted standards in Section 'L and issue Administrative Approval, or 2) rind that such occupancy wi11 not be in substantial coinpliance with said standards and give applicant written notice of his disapproval within ten (10) days after the application is filed. 1'he determination of LYie Secretary of the Planning Commission shall be final ' and conclusive in the absence of an appeal. Within thirty (30) days from the mailing of notice of disapproval, the applicant may file with the Secretary of the Planning Commission a written letter of appeal from his decision. In addition, a filing fee equal to one-half (1/2) the fee established for Conditional Use Permits shall be paid by the applicant. Upon receipt of such letter of appeal acid fees the Secretary shall place _;{_ the matter upon tlie agencla of tl~e Ylanning Cominission for consicleralion by that body. The Secretary shall thereupon, give the applicant by United States Mail postage pre,paid, addressed to the applicant at his last known address; ten (10) days written notice of the time and place of such hearing. The decision of the Planning Comxnission shall be final in the absence of an appeal to the City Council. Section 2, Gasoline Service Station Standards 1. InLent. It is the intent of this autiomobile service station ordinance and these standards to provide a reasonaUle control of gasoline service stations as they relate to the zone patterns and the adopted elements of the Lynwood General Plan. They shall also provide for adequate sites, regulation of design and control of gasolu7e service stations so thatthey will not be injurious to tl~e general welfare of the community. 2. Site Plan. A Site Y1an of adequate scale shall be required of all persons wishing to apply for Administrative Approval or a Conditional Use Permit to operate a gasoline service station. Said Site Plan shall identify but not be limited to including all easements public or private, streets, public utilities, dimensions and square Footage of land parcels included, location and dimensions of existing or proposed buildings or improvements and such other information as may be required. 3. Uses YermiCted. An automobile service station shall be a retail place of business engaged in the sale of motor fuels and in supplying goods and services generally required in tlie operation and ma~ntenance of automotive vehicles and fulfilling of motorist needs. These may include sale of petroleum products, sale and servicing of tires, batteries, I , automotive accessories and replacement items; washing and lubricatiou services, the performance of minor automotive maintenance and repair; and the supplying of otl~er incidental customer services and products. Display racks of automotive-related products may be locaCed on puinp . . , _~. . . islands or in an area withiu five (5) feet of the building. The sale of unrelated automotive items shall be permitled when conclucted in conjunction with merchandising and sales progs•ams of a temporary natur•e, and are subject to written approval of the Secretax•y of the Ylanning Commission. 4, Signs. Existing sign ordinances adopted by the City shall be applicable to the installation on service station sites, specific control of signs commonly related to gasoline service stations shall be regulated as follows: (a) One free standing pole sign shall be permitted limited to a maximum heigl~t of twenty (20) feet. lhe height is to be measured from the finished grade. (b) Two (2) identifying si~ms or symbols, mounted on the building wall shall Ue permitted. Maximum area oF each sign or symbol shall be sixteen (16) square feet. (c) One price or service description sign per streetfrontage shall be permitted not to exceed ten (10) square feet per sigri face. These signs niust be mounted in a permanent structure, the design cl~aracter and materials must be compatible with the main buildiug. (d) Advertising signs or devices, banners and flags are prohibited except as permitted by written approval of the Secretary of the Ylanning Commission for s~ecific time periods (exclusive oF the American Flag and tl~e California State Flag). 5, Setbacks. A fifteen (15) foot setback from streetside ,property lines shall.be required except roof or eave overhangs may extend a rnaximum of ten (10) feet into the required setback area. intcrior build'uig setbacks shall be determuied at the time of site review by the Planning Cominission but shall not exceed fifteen (15) feet from any interior lot line. 6. Laiidscapiug. All landscapuig shall be maintained in a neat and orderly fashion. This sha11 include ,proper pruning, mowing of lawiis, weecling, removal o:f litter, fertilizing, replacement of plants when necessary and the regular watering ol all plants by permaa~ently inslalled water sprinkling systems. Landscaped planters of three (3) foot minimum width shall be provided along streetfrontages exceptfor driveway approaches. Ifthe interior property line auuts a residential use, it shall be landscaped as clescribed for street fronting property lines. All planter areas shall be protected by a six (6) inch concrete curb at least six (6) inches higher than the adjacent finish grade. Landscaping, excepfing trees, along all streets and boundaries shall be limited to a heigtit of not more than 3-1/2 feet within twenty feet of the intersection of the street and access drives. Trees located in the parkway area adjacent to public streets shall be a minimum size of fifteen (15) gal. Landscape plans shall be submitted to the Departrnent of Planning for review prior to final approval of the site plan. 7. 1'rash Storage. All trash and refuse shall be stored within au area enclosed by a wall at least six (6) feet in heigtit. Wall matex~ial shall match exterior building material. Doors to the storage area shall be self-closing. Refuse storage shall not be visible from outside the ~ enclosed area. ' . £3. Circulation & Yublic linprovements. The site plan shall be reviewed and approved by the City llepartment of Public Works. 1'he plan shall be , .. approved as to the adequacy of all proposed improvements as well as couformance with adopted City ordinances. Improvements sliall include Uut not be limited to construction, reconstruction or placement of side~vallcs, curbs, gutters, approacties or public utilities . ~ _ 9. Lot Size. The minimum area for a new or reconstrucled service station site shall be fifteen thousand (15, 000) square feet. 10. Parking. A minimum of one parking space 1'or each employee on any one shift, one space for each service bay and one space for each service vehicle shall be provided on the site. A minimum of six (6) parking spaces shail be required. 11. Vef~icle or Lquipment l~entais. All rentals of vehicles or other equipment shall be performed in conformance with tl~e Foliowuig standards: (a) Site area sufficient for the parking of rental vekiicles must Ue provided in addition to the minimum area required for the station and no more than ten (10) percent of the Lotal lot area may be occupied by rental vehicles. (b) Rental vehicles znay not be parlced in the required automobile parking spaces, nor in the area between the building setback lines and the street right-of-way lines. (c) Rental trailers must be parked within a six (6) foot high solid enclosure screenuig them from view of the street or adjacent property. 12. liesl li,ooiii Screening. l~,est room entrances shall be protected from puUlic view by an approved landscaped planter or decorative screen. 13. Vacation or Abandoriment. When any service station operaCing under an appx~oved Conditional Use Permit becomes vacant, the gasoline storage tanks at that static~n shall be secured with methods approved by the local fire marshall. If any service station is vacant for a period exceeding six (6) months all improvements shall be reinoved and any existing Conditional Use Permit shall be void. A bond to cover abateinent costs or a lettier of intient assuring compliance with the time limits ~ ~ established above shall be deposited witih the City and approved as to form and content by t6e City Attorney. The letter of intent shall contain a statement authorizirig City action on ttie property to accomplish tl~e removal of improvements and shall provide a means uy wfiich the City sliall be reimbursedfor their expenses incurred. -? - 14. Non-Conl'oriiiing Sei•vicc S~alions. Existing service stalion lots, structures and site developments which do not conform to the location or development standards of this part and which do not have Conclitional Use Yermits are deemed non-conforming and the provisions of l.ynwood 'Loning Ordinance 80£3 shall apply. An existin~ non-confortning sex~vice station may ue renovated, remodeled or rebuilt upon obtaining a Conditional Use Yermit provided that the Planning Commission finds tliat the proposed improvement brings tf~e station into substantial cornpliance with the requirements and restrictions of this part. 15. l~lodification of Standards. The above standards constitute the minimum deemed necessary under general circumstances and in most cases to prevent adverse effects on the public peace, liealth, safety and general welfare by automobile service station uses, and that where necessary to prevent such adverse effects in a particular case under appropriate circumstances, other and further conditions may be adcled to any individual Administrative Approval or Conditional Use Permit. Any one or more of the above standards may be modified or waived by appropriate action of the Ylanning Commission upon a showing by the applicant that its imposition would be unnecessary, unfair or unduly burdensome. D. The Ylanning Commission azid City Council shall make the following findings before granting any automobile service station Conditional Use Permit: (1) That the proposed location of the conditional use is in accord ; with the objectives of this ordinance and the purpose of the zone ici which ~ the site is located. ~' ";' (2 ) That the proposed location of the conditional use and tlie conditions uncler which it would be operated or maintained will not I~e cietrimental to the public health, safety, or welfare, or materially injurious to the properties or improvements in the vicinity. ~• . ~ _ . •- ,s - (3) That tlie proposed conditional use will comply with each of the applicable provisions of tlie Zoning Ordinance except for approved variances. (4) That the proposed conditional use will not create unusual noise, traffic, or other conditions or situations that may be objectionable, detrimental, or incompatible with other uses in the district. Section 3. The City Clerlc is hereby ordered and directed to certif,y to t:tie passa~re of this ordinance, and to cause the same 1~.o be published in the L,,ynwoocl Press, a ne~vspa.per of general circulation, prinled arid cix~culated in tlie City oL Lynwood. First read at a regular meeting of the City Council of said City held on the 6th day of August, 1974, and finally adopted and ordered published at a regular meeting of said Council held on the 20th day of August, 1974, by the following vote: Ayes: COUNCILMEN B~ork, Green, Liewer Morris Rowe Noes: COUNCILMEN None Absent: COUNCILMEN -0 M or of City of Lynw ATTEST: ~ ; ~ ~,,,~~ ~'~ -a%~;, .~./r~nr'l, .Cit ~ler City of ynwood+ . ' _ .. ~. , ,.' , . ,: ~. ,,,. , . 1. .. s ~~c:~~~t; or cr,~_,rr~or~r~zn ) 55. CDi;~~7"t OP LOS ;^;i,,~_~t~.,!'~; ) I, the w~dersigr~ed, Lynwood, an~i ex-ofi'ic~-o clerlt he~°el;y ecrtify t;Y;at the above Ordir•ance No. 971 adopt:ed o£ Lynwood, and ~hati same uras vote: t;herein :;tated. C~.tv Cle_rt~ ~f the CiLy o1' o£ Lhe Co°~!zcil ol said city, do i_~ a true ~~.i~~3 cerrect copy oS' by t:he C'i.ty Couiicil of Lhe CiLy passed on t}~e r_~~te and by the Datc.d this 21st _ day of August , 1974 Cit~- Clerl< Ci.i;y of L,ynwooc)